Editing Maryland AI Dynamic Pricing Act (section)

== Enforcement ==

Violations are treated as unfair, abusive, or deceptive trade practices under the Maryland Consumer Protection Act and are subject to MCPA enforcement and civil penalties.<ref name="mga-detail" /><ref name="chapter154" /><ref name="fiscal-note" /> The Consumer Protection Division of the Office of the Attorney General enforces the MCPA, including by investigating complaints, attempting conciliation, issuing cease-and-desist orders, or filing civil actions.<ref name="fiscal-note" />

Before initiating an enforcement action for a violation of § 13-321 or § 13-322, the Division must issue a notice of violation and provide the alleged violator 45 days after receiving the notice to cure the violation. If the alleged violator cures within that period, the Division may not initiate an enforcement action for that violation.<ref name="chapter154" /><ref name="fiscal-note" />

The Act expressly provides that § 13-321 may not be construed to authorize a private right of action. It also amends Commercial Law § 13-408 to provide that the MCPA private damages action does not apply to violations of § 13-321 or § 13-322.<ref name="chapter154" /><ref name="fiscal-note" />

Under generally applicable MCPA penalty provisions described by the Department of Legislative Services, a merchant may face civil penalties of up to $10,000 for each violation and up to $25,000 for each repetition of the same violation. MCPA also contains misdemeanor penalties of up to $1,000 and/or imprisonment for up to one year, though the Act excludes §§ 13-321 and 13-322 from the separate MCPA private damages action.<ref name="fiscal-note" /><ref name="chapter154" />